{
  "url": "https://openlegislation.uk/licensing-scotland-act-2005/section-141B",
  "json_url": "https://openlegislation.uk/licensing-scotland-act-2005/section-141B.json",
  "legislation": "asp/2005/16",
  "legislation_title": "Licensing (Scotland) Act 2005",
  "legislation_url": "https://openlegislation.uk/licensing-scotland-act-2005",
  "path": "section/141B",
  "kind": "section",
  "number": "141B",
  "heading": "Vicarious liability of premises licence holders and interested parties",
  "text": "(1) Subsection (2) applies where, on or in relation to any licensed premises, a person commits an offence to which this section applies while acting as the employee or agent of—\n(a) the holder of the premises licence, or\n(b) an interested party.\n(2) The holder of the premises licence or, as the case may be, the interested party is also guilty of the offence and liable to be proceeded against and punished accordingly.\n(3) It is a defence for a holder of a premises licence or an interested party charged with an offence to which this section applies by virtue of subsection (2) to prove that the holder of the licence or, as the case may be, the interested party—\n(a) did not know that the offence was being committed by the employee or agent, and\n(b) exercised all due diligence to prevent the offence being committed.\n(4) Proceedings may be taken against the holder of the premises licence or the interested party in respect of the offence whether or not proceedings are also taken against the employee or agent who committed the offence.\n(5) This section applies to an offence under any of the following provisions of this Act—\nsection 1(3),\nsection 15(5),\nsection 63(1),\nsection 97(7),\nsection 102(1),\nsection 103(1),\nsection 106(2),\nsection 107(1),\nsection 108(2) or (3),\nsection 113(1),\nsection 114,\nsection 115(2),\nsection 118(1),\nsection 119(1),\nsection 120(2),\nsection 121(1),\nsection 138(5).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 141A, 141B inserted (13.12.2010 for specified purposes, 1.11.2011 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 195(3), 206(1); S.S.I. 2010/413, art. 2, Sch.; S.S.I. 2011/354, art. 2, Sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2005/16/section/141B",
    "retrieved_at": "2026-10-29T20:16:20.073733+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}