Office of Public Sector Information
PART VI continued
(1)If the holder of a [F1PSV operator’s licence] in respect of any vehicle, either himself or by his employee or agent, or if the employee or agent of such holder permits any alcoholic liquor to be carried on the said vehicle in such a container or other device as is mentioned in subsection (4) below at any time when that vehicle is being used [F1for the carriage of passengers otherwise than at separate fares], he shall be guilty of an offence.
(2)If any person procures or attempts to procure a contravention of subsection (1) above he shall be guilty of an offence.
(3)Where the holder of a [F2PSV operator’s licence] is charged with an offence under this section by reason only of a contravention of subsection (1) above committed by an employee or agent of his, it shall be a defence for him to prove that the contravention took place without his consent or connivance and that he exercised all due diligence to prevent it.
(4)This section applies to any container or other device (including a container or device fixed to, or forming part of, a vehicle) constructed or adapted for the purpose of holding two or more bottles or cans or of holding liquid in excess of six pints.
[F3(5)In this section “PSV operator’s licence" has the like meaning as in Part II of the Public Passenger Vehicles Act 1981.]
F1Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 18(a)
F2Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 18(b)
F3S. 92(5) substituted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 18(c)
C1S. 92 excluded by Criminal Justice (Scotland) Act 1980 (c.62, SIF 39:1), s. 70.
S. 92 excluded (1.4.1996) by 1995 c. 39, ss. 19(2), 53(2)
C2S. 92(5): Part III of the Road Traffic Act 1960 repealed and Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a) and Public Passenger Vehicles Act 1981 (c.14, SIF 107:1) apply
(1)No person shall, except during the period between half-past twelve and half-past two in the afternoon, or the period between half-past six and eleven in the evening, himself, or by his employee or agent, sell or supply alcoholic liquor on a passenger vessel during any voyage commencing on a Sunday and terminating on the same day, being—
(a)a voyage between any two places in Scotland; or
(b)a voyage in a vessel going from and returning on the same day to the same place in Scotland;
and if any person contravenes this section he shall be guilty of an offence.
(2)In this section, the expression “passenger vessel" means a vessel of any description employed for the carriage of passengers which goes from any place in the United Kingdom to any other such place, or goes from and returns to the same place in the United Kingdom on the same day.
F1S. 94 repealed by Finance Act 1981 (c. 35, SIF 40:1), s. 139(6), Sch. 19 Pt. III note I
(1)If any person sells or supplies alcoholic liquor in the premises of a registered club for consumption off the premises, or authorises such sale or supply of alcoholic liquor, or pays for alcoholic liquor so sold or supplied, he shall, unless such liquor was sold or supplied to a member of the club in person for consumption by him or to a person holding a licence for the sale of such liquor, be guilty of an offence.
(2)If subsection (1) above is contravened as regards any club, every person [F1whose name is, at the time of the contravention, contained in the list lodged under subsection (3)(b) of section 103 of this Act, or as the case may be in the new list last lodged under subsection (5) or (5A) of that section, in respect of that club] shall be guilty of an offence under [F1subsection (1) above]:
Provided that a person shall not be convicted of such an offence if he proves that the contravention in question took place without his knowledge or consent.
(3)Where in any proceedings under this section it is proved that any alcoholic liquor has been received or delivered in the premises of a registered club and taken outside those premises, for the purposes of the proceedings such liquor shall, unless the contrary is shown, be deemed to have been so taken for consumption off the premises.
F1Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 21(2)
If any person—
(a)sells or supplies alcoholic liquor in a licensed canteen for consumption outside the canteen, or
(b)takes alcoholic liquor from any such canteen for consumption outside the canteen,
he shall be guilty of an offence.
(1)If the holder of an off-sale licence or his employee or agent [F1sells to any person] alcoholic liquor to be consumed on the premises in respect of which the licence is held, the licence-holder, employee or agent, as the case may be, shall be guilty of an offence.
(2)If any person induces the holder of an off-sale licence in respect of any premises, or the employee or agent of the licence-holder, to sell F2 . . . to him any alcoholic liquor, and consumes such liquor or any part thereof in those premises, he shall be guilty of an offence.
(3)If the holder of an off-sale licence, or his employee or agent takes, or causes or permits any other person to take, any alcoholic liquor from the premises in respect of which he holds such licence, either—
(a)for the purposes of its being sold or hawked on his account or for his benefit or profit, or
(b)for the purpose of its being consumed for his benefit or profit in any house or other premises belonging to him, or hired, used or occupied by him, or in which he may be interested, the licence-holder, employee or agent, as the case may be, shall be guilty of an offence.
(4)A holder of an off-sale licence or his employee or agent shall be guilty of an offence if he sells wine (including made-wine) in an open vessel.
F1Words in s. 97(1) substituted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 15(a); S.I. 1991/2862, art. 3, Schedule.
F2Words in s. 97(2) repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 15(b), Sch. 9 (Sch. 8 Pt. I of that Act, by virtue of which the specified words were omitted, was brought into force on 31.12.1991 by S.I. 1991/2862, art. 3, Sch.; the repeal of the specified words by Sch. 9 of that Act was expressed to be brought into force so far as not already in force on 17.3.1993 by S.I. 1993/641, art. 3,Sch.)
A holder of a licence in respect of—
(a)any off-sale premises; or
(b)the off-sale part of any other premises,
or any employee or agent of his, who causes or permits a person under 18 to sell on these premises alcoholic liquor without that sale having been specifically approved by the licence holder or by a person of or over 18 acting on his behalf shall be guilty of an offence.]
F1S. 97A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 54(1)
(1)The holder of a restricted hotel licence or his employee or agent shall be guilty of an offence if he sells or supplies any alcoholic liquor for consumption on the premises in respect of which a licence is held, except as follows, that is to say—
(a)the licence-holder or employee or agent may sell or supply such liquor to persons taking table meals in the premises for consumption by such a person as an ancillary to his meal;
(b)the licence-holder or employee or agent may sell or supply such liquor to persons residing in the premises, for consumption by such a person or by a private friend of such a person who is bona fide entertained by, and at the expense of, that person;
(c)the licence-holder or employee or agent may supply such liquor to any private friend of a person residing in the premises who is bona fide entertained by, and at the expense of, that person, for consumption by such a friend entertained as aforesaid.
(2)The holder of a restricted hotel licence or his employee or agent shall be guilty of an offence if he trafficks in or supplies any alcoholic liquor for consumption off the premises in respect of which the licence is held, except to persons residing in the premises, for consumption by such a person or by a private friend of such a person who is bona fide entertained by, and at the expense of, that person as an ancillary to a meal supplied at, but to be consumed off, the premises.
The holder of a restaurant licence or his employee or agent shall be guilty of an offence if—
(a)he sells or supplies any alcoholic liquor for consumption on the premises, except to persons taking meals in the premises, for consumption by such a person as an ancillary to his meal; or
(b)he trafficks in or supplies any alcoholic liquor for consumption off the premises in respect of which the licence is held.
The holder of a refreshment licence or his employee or agent shall be guilty of an offence if—
(a)he trafficks in or sells any alcoholic liquor for consumption off the premises in respect of which the licence is held, or
(b)he sells or supplies alcoholic liquor at any time when other refreshments, including food and non-alcoholic beverages, are not available for sale.
(1)The holder of an entertainment licence or his employee or agent shall be guilty of an offence if he trafficks in or supplies any alcoholic liquor for consumption off the premises in respect of which the licence is held.
(2)A licensing board, when granting an entertainment licence, may attach conditions to the licence, including conditions placing restrictions on the permitted hours, in order to secure that the sale or supply of alcoholic liquor is ancillary to the entertainment, and the holder of the licence or his employee or agent shall be guilty of an offence if he contravenes any such condition.
Licensing (Scotland) Act 1976