Office of Public Sector Information
(introduced by section 60(1))
1 In this schedule, “the premises” means, in relation to any occasional licence, the premises specified in the licence.
2 (1) Alcohol may be sold on the premises only in accordance with the terms of 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 may be carried on only in accordance with the description of the activity contained in the licence.
4 (1) The condition specified in sub-paragraph (2) applies only to an occasional licence issued to the holder of a premises licence or personal licence.
(2) Every sale of alcohol made on the premises to which the licence relates must be authorised (whether generally or specifically) by the holder of a personal licence.
5 (1) The condition specified in sub-paragraph (2) applies only to an occasional licence issued to a representative of a voluntary organisation.
(2) Alcohol may be sold on the premises only at an event taking place on the premises in connection with the voluntary organisation’s activities.
6 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.
7 (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.
8 (1) The conditions specified in this paragraph apply only to the extent that the occasional 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.
(introduced by section 131(1))
| Decision | Persons who can appeal |
|---|---|
| A decision to refuse a premises licence application | The applicant |
| A decision to refuse a premises licence variation application | The applicant |
| A decision to refuse an application under section 33(1) or 34(1) for transfer of a premises licence | The applicant |
| A decision to refuse an application under section 35(1) for a variation of a premises licence | The applicant |
| A decision under section 39(1) to issue a written warning to a premises licence holder, to make a variation of a premises licence, or to suspend or revoke such a licence | The premises licence holder or, where the decision is taken in connection with a premises licence review application, the applicant |
| A decision to refuse an application under section 40 to revoke a variation or suspension of a premises licence | The applicant |
| A decision to refuse an application under section 45(7) to extend the provisional period in relation to a provisional premises licence | The applicant |
| A decision to refuse an application under section 46(4) to confirm a provisional premises licence | The applicant |
| A decision to refuse an application under section 47(2) to issue a premises licence for temporary premises | The applicant |
| A decision to refuse an application under section 47(6) to extend the period for which a temporary premises licence has effect | The applicant |
| A decision to refuse an occasional licence application | The applicant |
| A decision to grant an occasional licence application | Any person who has given a notice of objection under section 58(1) |
| A decision to refuse an extended hours application | The applicant |
Licensing (Scotland) Act 2005