Licensing (Scotland) Act 2005
2005 asp 16 · Enacted 21 December 2005 · Extends to Scotland
An Act of the Scottish Parliament to make provision for regulating the sale of alcohol, and for regulating licensed premises and other premises on which alcohol is sold; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th November 2005 and received Royal Assent on 21st December 2005C1C2
Annotations to the whole text
Modifications
- C1
Act applied (with modifications) (30.7.2009) by Licensing (Scotland) Act 2005 (Transitional Provisions) Order 2009 (S.S.I. 2009/277), art. 7
- C2
Act power to modify conferred (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 15(1)(c)(i), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
Contents
- Part 1: Core provisions
- 1Prohibition of unlicensed sale of alcohol
- 2Meaning of “alcohol”
- 3Certain supplies of alcohol to be treated as sales
- 4The licensing objectives
- Part 2: Licensing bodies and officers
- Licensing Boards
- 5Licensing Boards
- 6Statements of licensing policy
- 7Duty to assess overprovision
- 8Applicants attempting to influence Board members
- 9Licensing Board's duty to keep a public register
- 9AAnnual functions report
- 9BAnnual financial report
- Local Licensing Forums
- 10Local Licensing Forums
- 11General functions of Local Licensing Forums
- 12Licensing Boards' duties in relation to Local Licensing Forums
- Chief constables' reports
- 12AChief constable's reports to Licensing Boards and Local Licensing Forums
- Licensing Standards Officers
- 13Licensing Standards Officers
- 14General functions of Licensing Standards Officers
- 15Powers of entry, inspection and seizure
- 16Training of Licensing Standards Officers
- Part 3: Premises licences
- Introductory
- 17Premises licence
- 18Meaning of “appropriate Licensing Board”
- 19Premises manager
- Premises licence applications
- 20Application for premises licence
- 21Notification of application
- 22Objections and representations
- 23Determination of premises licence application
- 24Applicant's duty to notify Licensing Board of convictions
- 24APower to request antisocial behaviour report
- 25Further application after refusal of premises licence application
- 26Issue of licence and summary
- Conditions of premises licence
- 27Conditions of premises licence
- 27APower of Board to vary premises licence conditions
- Duration of premises licence
- 28Period of effect of premises licence
- Variation of premises licence
- 29Application to vary premises licence
- 30Determination of application for variation
- 31Variation to substitute new premises manager
- 32Further application after refusal of application for variation
- Transfer of premises licence
- 33Transfer on application of licence holder
- 34Transfer on application of person other than licence holder
- 35Variation on transfer
- Review of premises licence
- 36Application for review of premises licence
- 37Review of premises licence on Licensing Board's initiative
- 38Review hearing
- 39Licensing Board's powers on review
- 39ANotification of determinations
- 39BRecall of revocation of licence under section 39(2A)
- 40Review of Licensing Board's decision to vary or suspend licence
- Connected persons
- 40AConnected persons: licence holder's duty to notify changes
- Conviction of licence holder etc. for relevant or foreign offence
- 41Duty to notify court of premises licence
- 42Court's duty to notify Licensing Board of convictions
- 43Licence holder's duty to notify Licensing Board of convictions
- 44Procedure where Licensing Board receives notice of conviction
- Premises under construction or conversion
- 45Provisional premises licence
- 46Confirmation of provisional premises licence
- 47Temporary premises licence
- Updating of licence
- 48Notification of change of name or address
- 49Licensing Board's duty to update premises licence
- Miscellaneous
- 50Certificates as to planning, building standards and food hygiene
- 51Notification of determinations
- 52Duty to keep, display and produce premises licence
- 53Theft, loss etc. of premises licence or summary
- 54Dismissal, resignation, death etc. of premises manager
- 55Certified copies
- Part 4: Occasional licences
- 56Occasional licence
- 57Notification of application to chief constable and Licensing Standards Officer
- 58Objections and representations
- 59Determination of application
- 60Conditions of occasional licence
- 61Notification of determinations
- Part 5: Licensed hours
- General
- 62Licensed hours
- 63Prohibition of sale, consumption and taking away of alcohol outwith licensed hours
- 6424 hour licences to be granted only in exceptional circumstances
- 65Licensed hours: off-sales
- 66Effect of start and end of British Summer Time
- Occasional extensions
- 67Power for Licensing Board to grant general extensions of licensed hours
- 68Extended hours applications
- 69Notification of extended hours application
- 70Determination of extended hours application
- 70AExtended hours applications: variation of conditions
- Part 6: Personal licences
- Introductory
- 71Personal licence
- Grant and renewal of personal licence
- 72Application for personal licence
- 73Notification of application to chief constable
- 73ANotification of application to Licensing Standards Officer
- 74Determination of personal licence application
- 75Applicant's duty to notify Licensing Board of convictions
- 76Issue of licence
- 77Period of effect of personal licence
- 78Renewal of personal licence
- 79Notification of determinations
- Conviction of licence holder for relevant or foreign offence
- 80Duty to notify court of personal licence
- 81Court's duty to notify Licensing Board of convictions
- 82Licence holder's duty to notify Licensing Board of convictions
- 83Procedure where Licensing Board receives notice of conviction
- Conduct inconsistent with licensing objectives
- 84Conduct inconsistent with the licensing objectives
- 84APower of chief constable to report conduct inconsistent with the licensing objectives
- 84BPower of Licensing Standards Officers to report conduct inconsistent with the licensing objectives
- Endorsements
- 85Expiry of endorsements
- 86Suspension of licence after multiple endorsements
- Licence holder's duty to undertake training
- 87Licence holder's duty to undertake training
- Update of licence
- 88Notification of change of name or address
- 89Licensing Board's duty to update licence
- Miscellaneous
- 90Power to specify which Licensing Board is to exercise functions under this Part
- 91Power to prescribe licensing qualifications
- 92Theft, loss etc. of personal licence
- 93Licence holder's duty to produce licence
- Part 7: Control of order
- Exclusion of violent offenders
- 94Exclusion orders
- 95Breach of exclusion order
- 96Exclusion orders: supplementary provision
- Closure of premises
- 97Closure orders
- 98Termination of closure orders
- 99Extension of emergency closure order
- 100Regulations as to closure orders
- 101Interpretation of sections 97 to 100
- Part 8: Offences
- Offences relating to children and young people
- 102Sale of alcohol to a child or young person
- 103Allowing the sale of alcohol to a child or young person
- 104Sale of liqueur confectionery to a child
- 104ASupply of alcohol to a child
- 104BSupply of alcohol to a young person
- 105Purchase of alcohol by a child or young person
- 106Consumption of alcohol by a child or young person
- 107Unsupervised sale of alcohol by a child or young person
- 108Delivery of alcohol by or to a child or young person
- 109Sending a child or young person to obtain alcohol
- 110Duty to display notice
- Drunkenness and disorderly conduct
- 111Drunk persons entering or in premises on which alcohol is sold
- 112Obtaining of alcohol by or for a drunk person
- 113Sale of alcohol to a drunk person
- 114Premises manager, staff etc. not to be drunk
- 115Disorderly conduct
- 116Refusal to leave premises
- Miscellaneous offences
- 117Offences relating to sale of alcohol to trade
- 118Prohibition of unauthorised sale of alcohol on moving vehicles
- 119Delivery of alcohol from vehicles etc.
- 120Prohibition of late-night deliveries of alcohol
- 121Keeping of smuggled goods
- Interpretation of Part
- 122Interpretation of Part 8
- Part 9: Miscellaneous and general
- Excluded and exempt premises
- 123Excluded premises
- 124Exempt premises
- Special provision for certain clubs
- 125Special provisions for certain clubs
- Vessels, vehicles and moveable structures
- 126Vessels, vehicles and moveable structures
- 127Power to prohibit sale of alcohol on trains
- 128Power to prohibit sale of alcohol on ferries
- Relevant and foreign offences
- 129Relevant offences and foreign offences
- 130Effect of appeal against conviction for relevant or foreign offence
- Appeals
- 131Appeals
- 132Appeals: supplementary provision
- Procedures, forms etc.
- 133Hearings
- 133AHow hearings may be held
- 134Form etc. of applications, proposals, notices and other communications
- 134AOffence of knowingly making a false statement in an application
- 135Power to relieve failure to comply with rules and other requirements
- 136Fees
- Miscellaneous
- 137Inspection of premises before grant of licence etc.
- 138Police powers of entry
- 139Remote sales of alcohol
- 140Presumption as to liquid contents of containers
- 141Offences by bodies corporate etc.
- 141ADefence of due diligence for certain offences
- 141BVicarious liability of premises licence holders and interested parties
- General
- 142Guidance
- 143Crown application
- 144Modification of enactments
- 145Ancillary provision
- 146Orders and regulations
- 147Interpretation
- 148Index of defined expressions
- 149Repeals
- 150Short title and commencement
- Schedule 1: Licensing Boards
- Membership
- 1Paragraph 1
- Election of members
- 2Paragraph 2
- Disqualification from membership
- 3Paragraph 3
- Tenure of office etc.
- 4Paragraph 4
- Removal of members from office
- 5Paragraph 5
- Convener
- 6Paragraph 6
- Removal of convener
- 7Paragraph 7
- Administrative support
- 8Paragraph 8
- Committees
- 9Paragraph 9
- Delegation of functions
- 10Paragraph 10
- Training of members
- 11Paragraph 11
- Proceedings
- 12Paragraph 12
- Validity of proceedings
- 13Paragraph 13
- Transitional and transitory provision
- 14Paragraph 14
- Schedule 2: Local Licensing Forums
- Introductory
- 1Paragraph 1
- Membership
- 2Paragraph 2
- Convener
- 3Paragraph 3
- Administrative support
- 4Paragraph 4
- Meetings and proceedings
- 5Paragraph 5
- Schedule 3: Premises licences: mandatory conditions
- Interpretation
- 1Paragraph 1
- Compliance with the operating plan
- 2Paragraph 2
- 3Paragraph 3
- The premises manager
- 4Paragraph 4
- Authorisation of sales of alcohol
- 5Paragraph 5
- Training of staff
- 6Paragraph 6
- 6AParagraph 6A
- 6BParagraph 6B
- Pricing of alcohol
- 7Paragraph 7
- 7AParagraph 7A
- Irresponsible drinks promotions
- 8Paragraph 8
- Provision of non-alcoholic drinks
- 9Paragraph 9
- Age verification policy
- 9AParagraph 9A
- Payment of annual or recurring fees
- 10Paragraph 10
- Notices – admission of persons under 18
- 11Paragraph 11
- Baby changing facilities
- 12Paragraph 12
- Display , or promotion of the sale, of alcohol for consumption off the premises
- 13Paragraph 13
- Schedule 4: Occasional licences: mandatory conditions
- Interpretation
- 1Paragraph 1
- Compliance with licence
- 2Paragraph 2
- 3Paragraph 3
- Authorisation of sales of alcohol
- 4Paragraph 4
- Voluntary organisations
- 5Paragraph 5
- 5AParagraph 5A
- 5BParagraph 5B
- Pricing of alcohol
- 6Paragraph 6
- 6AParagraph 6A
- Irresponsible drinks promotions
- 7Paragraph 7
- Provision of non-alcoholic drinks
- 8Paragraph 8
- Age verification policy
- 9Paragraph 9
- Schedule 5: Appeals
- 1Appeals to the sheriff principal
- 2Appeals to the sheriff
- Schedule 6: Modification of enactments
- Children and Young Persons Act 1963 (c. 37)
- 1Paragraph 1
- Countryside (Scotland) Act 1967 (c. 86)
- 2Paragraph 2
- New Towns (Scotland) Act 1968 (c. 16)
- 3Paragraph 3
- Water (Scotland) Act 1980 (c. 45)
- 4Paragraph 4
- Local Government, Planning and Land Act 1980 (c. 65)
- 5Paragraph 5
- Civic Government (Scotland) Act 1982 (c. 45)
- 6Paragraph 6
- Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
- 7Paragraph 7
- Crime and Punishment (Scotland) Act 1997 (c. 48)
- 8Paragraph 8
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- 9Paragraph 9
- Freedom of Information (Scotland) Act 2002 (asp 13)
- 10Paragraph 10
- Schedule 7Repeals