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Revised Statute from The UK Statute Law Database

Licensing (Scotland) Act 1976 (c. 66)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not in the form in which it was originally enacted but is a revised version, which means that subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007 and 2008. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Licensing (Scotland) Act 1976

1976 CHAPTER 66

Contents

Go to Preamble

  1. Part I

    Licensing Boards

    1. 1. Licensing boards

    2. 2. Disqualification of interested persons

    3. 3. Expenses of members of licensing boards

    4. 4. Meetings of licensing boards

    5. 5. Arrangements for discharge of functions of licensing boards

    6. 6. Chairman

    7. 7. Clerk of licensing boards

    8. 8. Fees payable

  2. Part II

    The General Licensing System

    1. 9. Grant of licences by licensing boards

    2. 10. Application for licence

    3. 11. Special provisions for applications made other than by individual natural persons

    4. 12. Publication of list of applications

    5. 13. Consideration of applications

    6. 14. Further application for new licence where previous application refused

    7. 15. Attendance at meeting of licensing board by applicant or his representative

    8. 16. Objections in relation to applications

    9. 16A. Observations by chief constable in relation to applications

    10. 17. Grounds for refusal of application

    11. 18. Giving of reasons for decisions of a licensing board

    12. 18A. Licensing conditions for certain events

    13. 18B. Conditions for existing licences

    14. 19. Canvassing

    15. 20. Register of applications and decisions

    16. 21. Issue of licences

    17. 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    18. 23. Special provisions relating to applications for new licence

    19. 24. Special provisions relating to applications for renewal of a licence

    20. 25. Transfer of licences

    21. 26. Provisional grant of licence

    22. 27. Grant of provisional licence

    23. 28. Licence not to be granted for premises on special roads

    24. 29. Alcoholic liquor which may be sold under licence

    25. 30. Currency of licence

    26. 31. Suspension of licence on receipt of complaint

    27. 32. Other power to suspend licence

    28. 33. Occasional licence for premises other than licensed premises or clubs

    29. 34. Occasional permissions

    30. 35. Consent of licensing board required for reconstruction, etc. of certain licensed premises

    31. 36. Power of licensing board to order structural alterations on renewal of certain licences

    32. 37. Power of licensing board to make regulations

    33. 38. Power of licensing board to make byelaws

    34. 39. Appeals to sheriff

  3. Part III

    Seamen’s Canteens

    1. 40. Power to authorise grant of licences for seamen’s canteens

    2. 41. Procedure for grant of licences

    3. 42. Renewal of licences

    4. 43. Transfer of licences

    5. 44. Rights of appeal

    6. 45. Provisions of this Act which apply to licensed canteens

    7. 46. Interpretation of Part III

  4. Part IV

    1. 47—52... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  5. Part V

    The Permitted Hours

    1. 53. Permitted hours in licensed premises and registered clubs

    2. 54. Prohibition of sale and consumption of alcoholic liquor except during permitted hours

    3. 55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 56. Alternative permitted hours in certain athletic clubs during winter

    5. 57. Extension of permitted hours in the afternoon in certain licensed premises and clubs

    6. 58. Extension of permitted hours in the evening in certain licensed premises and clubs

    7. 59. Restaurants in public houses may have permitted hours on Sundays in certain cases

    8. 60. Other provisions as respects extension of permitted hours on Sundays

    9. 61.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    10. 62. Seasonal licences

    11. 63. Exemption of international airports from restrictions on times at which alcoholic liquor may be sold or supplied

    12. 63A. Exemption of international ports from restrictions on permitted hours

    13. 64. Occasional and regular extensions of permitted hours

    14. 65. Restriction orders

    15. 66. Temporary restriction of permitted hours

  6. Part VI

    Offences

    1. 67. Penalties for offences against provisions of this Act and Prevention of Corruption Acts

    2. 68. Protection of young persons

    3. 69. Children prohibited from bars and licensed canteens

    4. 70. Children on premises in respect of which refreshment licence held

    5. 71. Defence in relation to offences under section 68(1)(5), 69(1) or 70 of this Act

    6. 72. Persons under 18 not to be employed in bars of licensed canteens

    7. 73. Persons under 18 not to be employed to serve alcoholic liquor in premises for which refreshment licence is held

    8. 74. Drunk persons entering or in licensed premises

    9. 75. Procuring or aiding a drunken person to procure alcoholic liquor

    10. 76. Sale or supply of alcoholic liquor to drunken persons

    11. 77. Licence-holder and employees and agents not to be drunk

    12. 78. Riotous behaviour, etc. in licensed premises

    13. 79. Refusal to leave licensed premises

    14. 80. Penalty for permitting thieves, prostitutes, etc., or stolen goods in licensed premises

    15. 81. Prohibition of betting and gaming offences

    16. 82. Persons found drinking in unlicensed premises

    17. 83. Drinking in places of public refreshment, etc., when public house is closed

    18. 84. Offences in relation to constables

    19. 85. Power of police to enter licensed premises

    20. 86. Power of police to enter unlicensed premises

    21. 87. Restriction on credit sales

    22. 88. Fraudulent adulteration of food and drink

    23. 89. Order to close licensed premises

    24. 90. Trafficking or bartering without licence or hawking of liquor

    25. 90A. Wholesale selling of alcoholic liquor

    26. 91. Delivery of alcoholic liquor by vehicles, etc

    27. 92. Restriction on carriage of alcoholic liquor in crates, etc., on contract carriages

    28. 93. Sale of alcoholic liquor on passenger vessels on Sundays

    29. 94.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    30. 95. Sale or supply of alcoholic liquor for consumption outside registered club

    31. 96. Prohibition of sale or supply of alcoholic liquor in licensed canteens for consumption off the premises

    32. 97. Consumption in, taking away of, and selling liquor from, off-sale premises

    33. 97A. Supervision of sales of liquor in off-sale premises

    34. 98. Restriction on sale or supply of liquor in premises subject to restricted hotel licence

    35. 99. Restriction on sale or supply of liquor in premises subject to restaurant licence

    36. 100. Restriction on sale or supply of liquor in premises subject to a refreshment licence

    37. 101. Restriction on sale or supply of liquor in premises subject to entertainment licence

  7. Part VII

    Clubs

    1. 102. Register of clubs

    2. 103. Application for certificate of registration

    3. 104. Application for renewal of certificate of registration

    4. 105. Procedure on application for grant or renewal of certificate of registration

    5. 106. Currency of certificate of registration

    6. 107. Club rules qualifying for registration

    7. 108. Competent ground of objection to registration

    8. 109. Cancellation of certificate of registration

    9. 110. Disqualification of premises for purposes of club

    10. 111. Penalties for offences by officials of registered clubs

    11. 112. Persons under 14 not to be allowed in club bars

    12. 113. Persons under 18 not to be employed to serve alcoholic liquor in clubs

    13. 114. Power of police to enter clubs

    14. 115. Inspection of register of clubs and of rules and list of members of club

    15. 116. Citation of registered club

    16. 117. Sheriff’s jurisdiction and decision

    17. 118. Interpretation of Part VII

  8. Part VIII

    Miscellaneous, Transitional & General

    1. 119. Trading hours for off-sale premises and off-sale parts of public houses and hotels

    2. 120. Liquor in unregistered clubs

    3. 121. Sale or supply of alcoholic liquor in certain theatres

    4. 122. Proof of trafficking in alcoholic liquor without licence

    5. 123. Alcoholic liquor in confectionery

    6. 124. Local authority premises

    7. 125. Supply of alcoholic liquor on order by certain officials and others

    8. 126. Burden of proof in case of drunkenness in licensed premises

    9. 127. Presumption as to contents of containers

    10. 128. Trial of offences

    11. 129. Conviction of licence-holder to be transmitted to clerk of licensing board

    12. 130. Limitation of actions against sheriffs, etc

    13. 131.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    14. 132.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    15. 133. Betting and gaming licences and permits

    16. 134. Notices, etc

    17. 135. Orders

    18. 136. Amendments and repeals

    19. 137. Expenses

    20. 138. Exemptions and savings

    21. 139. Interpretation

    22. 140. Transitional provisions

    23. 141. Short title extent and commencement

  9. SCHEDULE 1

    Types of Licence

  10. SCHEDULE 2

    Seamen’s Canteens Grant and Transfer of Licences under Part III of this Act

  11. SCHEDULE 3

  12. SCHEDULE 4

    Sunday Opening of Premises in Respect of which a Public House Licence or Refreshment Licence is or will be in force and Sunday Restriction Orders Relating to Licensed Premises

  13. SCHEDULE 5

    Penalties for Offences Against Provisions of this Act

  14. SCHEDULE 6

    Forms Relating to Registration of Clubs

  15. SCHEDULE 7

    Minor and Consequential Amendment of Enactments

  16. SCHEDULE 8

    Repeals

An Act to make provision as respects the licensing law of Scotland; and for connected purposes.

[15th November 1976]

Annotations:

Modifications etc. (not altering text)

C1Act amended (1.6.1993) by Finance Act 1991 (c. 31), s. 7, Sch. 2 para. 1; S.I. 1993/1152, art. 3(2), Sch. 1 Pt.II.

Act modified (19.2.1996) by 1994 c. 39, s. 46(1); S.I. 1996/323, art. 2

Commencement Information

I1Act partly in force at Royal Assent see s. 141(2); Act wholly in force at 1.7.1977

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