Licensing (Scotland) Act 2005
Licensing (Scotland) Act 2005 (2005 asp 16)
- Licensing (Scotland) Act 2005 (2005 asp 16)
- Part 1 Core provisions
- 1 Prohibition of unlicensed sale of alcohol
- 2 Meaning of “alcohol”
- 3 Certain supplies of alcohol to be treated as sales
- 4 The licensing objectives
- Part 2 Licensing bodies and officers
- Licensing Boards
- 5 Licensing Boards
- 6 Statements of licensing policy
- 7 Duty to assess overprovision
- 8 Applicants attempting to influence Board members
- 9 Licensing Board's duty to keep a public register
- 9A Annual functions report
- 9B Annual financial report
- Local Licensing Forums
- 10 Local Licensing Forums
- 11 General functions of Local Licensing Forums
- 12 Licensing Boards' duties in relation to Local Licensing Forums
- Chief constables' reports
- 12A Chief constable's reports to Licensing Boards and Local Licensing Forums
- Licensing Standards Officers
- 13 Licensing Standards Officers
- 14 General functions of Licensing Standards Officers
- 15 Powers of entry, inspection and seizure
- 16 Training of Licensing Standards Officers
- Part 3 Premises licences
- Introductory
- 17 Premises licence
- 18 Meaning of “appropriate Licensing Board”
- 19 Premises manager
- Premises licence applications
- 20 Application for premises licence
- 21 Notification of application
- 22 Objections and representations
- 23 Determination of premises licence application
- 24 Applicant's duty to notify Licensing Board of convictions
- 24A Power to request antisocial behaviour report
- 25 Further application after refusal of premises licence application
- 26 Issue of licence and summary
- Conditions of premises licence
- 27 Conditions of premises licence
- 27A Power of Board to vary premises licence conditions
- Duration of premises licence
- 28 Period of effect of premises licence
- Variation of premises licence
- 29 Application to vary premises licence
- 30 Determination of application for variation
- 31 Variation to substitute new premises manager
- 32 Further application after refusal of application for variation
- Transfer of premises licence
- 33 Transfer on application of licence holder
- 34 Transfer on application of person other than licence holder
- 35 Variation on transfer
- Review of premises licence
- 36 Application for review of premises licence
- 37 Review of premises licence on Licensing Board's initiative
- 38 Review hearing
- 39 Licensing Board's powers on review
- 39A Notification of determinations
- 39B Recall of revocation of licence under section 39(2A)
- 40 Review of Licensing Board's decision to vary or suspend licence
- Connected persons
- 40A Connected persons: licence holder's duty to notify changes
- Conviction of licence holder etc. for relevant or foreign offence
- 41 Duty to notify court of premises licence
- 42 Court's duty to notify Licensing Board of convictions
- 43 Licence holder's duty to notify Licensing Board of convictions
- 44 Procedure where Licensing Board receives notice of conviction
- Premises under construction or conversion
- 45 Provisional premises licence
- 46 Confirmation of provisional premises licence
- 47 Temporary premises licence
- Updating of licence
- 48 Notification of change of name or address
- 49 Licensing Board's duty to update premises licence
- Miscellaneous
- 50 Certificates as to planning, building standards and food hygiene
- 51 Notification of determinations
- 52 Duty to keep, display and produce premises licence
- 53 Theft, loss etc. of premises licence or summary
- 54 Dismissal, resignation, death etc. of premises manager
- 55 Certified copies
- Part 4 Occasional licences
- 56 Occasional licence
- 57 Notification of application to chief constable and Licensing Standards Officer
- 58 Objections and representations
- 59 Determination of application
- 60 Conditions of occasional licence
- 61 Notification of determinations
- Part 5 Licensed hours
- General
- 62 Licensed hours
- 63 Prohibition of sale, consumption and taking away of alcohol outwith licensed hours
- 64 24 hour licences to be granted only in exceptional circumstances
- 65 Licensed hours: off-sales
- 66 Effect of start and end of British Summer Time
- Occasional extensions
- 67 Power for Licensing Board to grant general extensions of licensed hours
- 68 Extended hours applications
- 69 Notification of extended hours application
- 70 Determination of extended hours application
- 70A Extended hours applications: variation of conditions
- Part 6 Personal licences
- Introductory
- 71 Personal licence
- Grant and renewal of personal licence
- 72 Application for personal licence
- 73 Notification of application to chief constable
- 73A Notification of application to Licensing Standards Officer
- 74 Determination of personal licence application
- 75 Applicant's duty to notify Licensing Board of convictions
- 76 Issue of licence
- 77 Period of effect of personal licence
- 78 Renewal of personal licence
- 79 Notification of determinations
- Conviction of licence holder for relevant or foreign offence
- 80 Duty to notify court of personal licence
- 81 Court's duty to notify Licensing Board of convictions
- 82 Licence holder's duty to notify Licensing Board of convictions
- 83 Procedure where Licensing Board receives notice of conviction
- Conduct inconsistent with licensing objectives
- 84 Conduct inconsistent with the licensing objectives
- 84A Power of chief constable to report conduct inconsistent with the licensing objectives
- 84B Power of Licensing Standards Officers to report conduct inconsistent with the licensing objectives
- Endorsements
- 85 Expiry of endorsements
- 86 Suspension of licence after multiple endorsements
- Licence holder's duty to undertake training
- 87 Licence holder's duty to undertake training
- Update of licence
- 88 Notification of change of name or address
- 89 Licensing Board's duty to update licence
- Miscellaneous
- 90 Power to specify which Licensing Board is to exercise functions under this Part
- 91 Power to prescribe licensing qualifications
- 92 Theft, loss etc. of personal licence
- 93 Licence holder's duty to produce licence
- Part 7 Control of order
- Exclusion of violent offenders
- 94 Exclusion orders
- 95 Breach of exclusion order
- 96 Exclusion orders: supplementary provision
- Closure of premises
- 97 Closure orders
- 98 Termination of closure orders
- 99 Extension of emergency closure order
- 100 Regulations as to closure orders
- 101 Interpretation of sections 97 to 100
- Part 8 Offences
- Offences relating to children and young people
- 102 Sale of alcohol to a child or young person
- 103 Allowing the sale of alcohol to a child or young person
- 104 Sale of liqueur confectionery to a child
- 104A Supply of alcohol to a child
- 104B Supply of alcohol to a young person
- 105 Purchase of alcohol by a child or young person
- 106 Consumption of alcohol by a child or young person
- 107 Unsupervised sale of alcohol by a child or young person
- 108 Delivery of alcohol by or to a child or young person
- 109 Sending a child or young person to obtain alcohol
- 110 Duty to display notice
- Drunkenness and disorderly conduct
- 111 Drunk persons entering or in premises on which alcohol is sold
- 112 Obtaining of alcohol by or for a drunk person
- 113 Sale of alcohol to a drunk person
- 114 Premises manager, staff etc. not to be drunk
- 115 Disorderly conduct
- 116 Refusal to leave premises
- Miscellaneous offences
- 117 Offences relating to sale of alcohol to trade
- 118 Prohibition of unauthorised sale of alcohol on moving vehicles
- 119 Delivery of alcohol from vehicles etc.
- 120 Prohibition of late-night deliveries of alcohol
- 121 Keeping of smuggled goods
- Interpretation of Part
- 122 Interpretation of Part 8
- Part 9 Miscellaneous and general
- Excluded and exempt premises
- 123 Excluded premises
- 124 Exempt premises
- Special provision for certain clubs
- 125 Special provisions for certain clubs
- Vessels, vehicles and moveable structures
- 126 Vessels, vehicles and moveable structures
- 127 Power to prohibit sale of alcohol on trains
- 128 Power to prohibit sale of alcohol on ferries
- Relevant and foreign offences
- 129 Relevant offences and foreign offences
- 130 Effect of appeal against conviction for relevant or foreign offence
- Appeals
- 131 Appeals
- 132 Appeals: supplementary provision
- Procedures, forms etc.
- 133 Hearings
- 133A How hearings may be held
- 134 Form etc. of applications, proposals, notices and other communications
- 134A Offence of knowingly making a false statement in an application
- 135 Power to relieve failure to comply with rules and other requirements
- 136 Fees
- Miscellaneous
- 137 Inspection of premises before grant of licence etc.
- 138 Police powers of entry
- 139 Remote sales of alcohol
- 140 Presumption as to liquid contents of containers
- 141 Offences by bodies corporate etc.
- 141A Defence of due diligence for certain offences
- 141B Vicarious liability of premises licence holders and interested parties
- General
- 142 Guidance
- 143 Crown application
- 144 Modification of enactments
- 145 Ancillary provision
- 146 Orders and regulations
- 147 Interpretation
- 148 Index of defined expressions
- 149 Repeals
- 150 Short title and commencement
- SCHEDULE 1 Licensing Boards
- Membership
- Election of members
- Disqualification from membership
- Tenure of office etc.
- Removal of members from office
- Convener
- Removal of convener
- Administrative support
- Committees
- Delegation of functions
- Training of members
- Proceedings
- Validity of proceedings
- Transitional and transitory provision
- SCHEDULE 2 Local Licensing Forums
- Introductory
- Membership
- Convener
- Administrative support
- Meetings and proceedings
- SCHEDULE 3 Premises licences: mandatory conditions
- Interpretation
- Compliance with the operating plan
- The premises manager
- Authorisation of sales of alcohol
- Training of staff
- Pricing of alcohol
- Irresponsible drinks promotions
- Provision of non-alcoholic drinks
- Age verification policy
- Payment of annual or recurring fees
- Notices – admission of persons under 18
- Baby changing facilities
- Display , or promotion of the sale, of alcohol for consumption off the premises
- SCHEDULE 4 Occasional licences: mandatory conditions
- Interpretation
- Compliance with licence
- Authorisation of sales of alcohol
- Voluntary organisations
- Pricing of alcohol
- Irresponsible drinks promotions
- Provision of non-alcoholic drinks
- Age verification policy
- SCHEDULE 5 Appeals
- Part 1 Appeals to the sheriff principal
- Part 2 Appeals to the sheriff
- SCHEDULE 6 Modification of enactments
- Children and Young Persons Act 1963 (c. 37)
- Countryside (Scotland) Act 1967 (c. 86)
- New Towns (Scotland) Act 1968 (c. 16)
- Water (Scotland) Act 1980 (c. 45)
- Local Government, Planning and Land Act 1980 (c. 65)
- Civic Government (Scotland) Act 1982 (c. 45)
- Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
- Crime and Punishment (Scotland) Act 1997 (c. 48)
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- Freedom of Information (Scotland) Act 2002 (asp 13)
- SCHEDULE 7 Repeals
Feedback