Office of Public Sector Information
(introduced by section 10(4))
1 In this schedule, “Forum” means a Local Licensing Forum established under section 10.
2 (1) A Forum is to consist of such number (being not fewer than 5 and not more than 20) of members as the relevant council may determine.
(2) The Scottish Ministers may by order substitute another number for the minimum or maximum number of members for the time being specified in sub-paragraph (1).
(3) At least one of the members must be a Licensing Standards Officer for the council’s area.
(4) The other members are to be individuals appointed by the relevant council on such terms and conditions as the relevant council may determine.
(5) In appointing members of a Forum, the relevant council must seek to ensure so far as possible that the membership of the Forum is representative of the interests of persons or descriptions of persons who have an interest which is relevant to the Forum’s general functions.
(6) Those persons include—
(a) holders of premises licences and personal licences,
(b) the chief constable for the police area in which the Forum’s area is situated,
(c) persons having functions relating to health, education or social work,
(d) young people,
(e) persons resident within the Forum’s area.
3 (1) At their first meeting in each calendar year, a Forum must elect one of the members of the Forum to be the convener of the Forum.
(2) The convener holds office, on such terms and conditions as the relevant council may determine, until the next election under sub-paragraph (1).
(3) Meetings of the Forum are to be chaired by the convener.
(4) If the office of convener is vacant or the convener is for any reason unable to act, a meeting of the Forum may be chaired by any other member present.
4 A council must provide each Forum established by them, or ensure each such Forum is provided, with such staff, property and services as the council considers are required for the Forum’s purposes.
5 (1) Each Forum must, in each calendar year, hold at least 4 meetings.
(2) The quorum for a meeting of a Forum is one half of the number of members (but in any case not fewer than 3).
(3) Meetings of a Forum must be held in public.
(4) Otherwise, the arrangements for meetings of a Forum and other matters relating to proceedings of the Forum, are to be such as the Forum may determine.
(5) The proceedings of a Forum are not affected by—
(a) any vacancy in the membership of the Forum, or
(b) any defect in the appointment of a member of the Forum.
(introduced by section 27(1))
1 In this schedule, “the premises” means, in relation to any premises licence, the premises specified in the licence.
2 (1) Alcohol is to be sold on the premises only in accordance with the operating plan contained in the licence.
(2) Nothing in sub-paragraph (1) is to be read as preventing or restricting the doing of anything referred to in section 63(2).
3 Any other activity to be carried on in the premises is to be carried on only in accordance with the operating plan contained in the licence.
4 (1) Alcohol is not to be sold on the premises at any time when—
(a) there is no premises manager in respect of the premises,
(b) the premises manager does not hold a personal licence,
(c) the personal licence held by the premises manager is suspended, or
(d) the licensing qualification held by the premises manager is not the appropriate licensing qualification in relation to the premises.
(2) In sub-paragraph (1), “appropriate licensing qualification” in relation to any licensed premises means any licensing qualification prescribed as such in relation to licensed premises of that description in regulations under section 91(2)(d).
(3) Nothing in sub-paragraph (1) or paragraph 5 is to be read as requiring the premises manager to be present on the premises at the time any sale of alcohol is made.
5 Every sale of alcohol made on the premises must be authorised (whether generally or specifically) by—
(a) the premises manager, or
(b) another person who holds a personal licence.
6 (1) No person (other than a person who holds a personal licence) is to work in the premises in the capacity mentioned in sub-paragraph (2) unless that person has complied with such requirements as to the training of staff as may be prescribed for the purposes of this paragraph.
(2) That is a capacity (whether paid or unpaid) which involves the person—
(a) making sales of alcohol, or
(b) where alcohol is sold on the premises for consumption on the premises, serving such alcohol to any person.
(3) Regulations under sub-paragraph (1) prescribing training requirements may, in particular—
(a) provide for the accreditation by the Scottish Ministers of—
(i) courses of training, and
(ii) persons providing such courses,
for the purposes of the regulations,
(b) prescribe different training requirements in relation to different descriptions of persons,
(c) require that any person providing training or any particular description of training in accordance with the regulations hold a personal licence or such other qualification as may be prescribed in the regulations, and
(d) require training to be undergone again at such intervals as may be prescribed in the regulations.
7 Where the price at which any alcohol sold on the premises is varied—
(a) the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and
(b) no further variation of the price at which that or any other alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.
8 (1) An irresponsible drinks promotion must not be carried on in or in connection with the premises.
(2) Subject to sub-paragraph (3), a drinks promotion is irresponsible if it—
(a) relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18,
(b) involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks),
(c) involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink,
(d) involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises),
(e) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,
(f) is based on the strength of any alcohol,
(g) rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or
(h) offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.
(3) Paragraphs (b) to (d) of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.
(4) The Scottish Ministers may by regulations modify sub-paragraph (2) or (3) so as to—
(a) add further descriptions of drinks promotions,
(b) modify any of the descriptions of drinks promotions for the time being listed in it, or
(c) extend or restrict the application of any of those descriptions of drinks promotions.
(5) In this paragraph, “drinks promotion” means, in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises.
9 (1) The conditions specified in this paragraph apply only to the extent that the premises licence authorises the sale of alcohol for consumption on the premises.
(2) Tap water fit for drinking must be provided free of charge on request.
(3) Other non-alcoholic drinks must be available for purchase at a reasonable price.
10 (1) The condition specified in sub-paragraph (2) applies only in relation to a premises licence in respect of which an annual or other recurring fee is to be paid by virtue of regulations under section 136(1).
(2) The fee must be paid as required by the regulations.
Licensing (Scotland) Act 2005