UK Act of Parliament 2005 Scotland

Licensing (Scotland) Act 2005

An Act of the Scottish Parliament to make provision for regulating the sale of alcohol, and for regulating licensed premises and other premises on which alcohol is sold; and for connected purposes.

Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 19 of 93 obligations carry a fine up to £1,000. 31 carry different penalties and 43 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person52 Licence Holder8 Occupier2 Director or Officer1

Plus 30 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Licence Holder — also bound by 225 other Acts
Occupier — also bound by 235 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Core provisions

1 of 4 sections shown
Part 2

Licensing bodies and officers

9 of 15 sections shown
s.008 Applicants attempting to influence Board members (opens in a new tab) Prosecution
  • Attempt to influence licensing board membersAny Person

Fine up to £1,000

s.009 Annual functions report Regulated
Other duties (1) — Crown / regulator
  • Licensing Boards must publish an annual functions reportLocal authority
s.009 Annual financial report Regulated
Other duties (1) — Crown / regulator
  • Licensing Boards must publish annual financial reportsLocal authority
s.010 Local Licensing Forums (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Boards must hold annual joint meetings with Local Licensing ForumsLocal authority
s.012 Licensing Boards' duties in relation to Local Licensing Forums (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Boards must consider advice from Local Licensing ForumsLocal authority
s.012 Chief constable's reports to Licensing Boards and Local Licensing Forums Regulated
Other duties (1) — Crown / regulator
  • Chief constable must report annually on alcohol policing and child safetyLocal authority
s.013 Licensing Standards Officers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Councils must appoint Licensing Standards OfficersLocal authority
s.015 Powers of entry, inspection and seizure (opens in a new tab) Prosecution
  • Obstruct officer or refuse to comply with inspectionAny Person

Fine up to £1,000

s.016 Training of Licensing Standards Officers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Councils must ensure Licensing Standards Officers are trained or terminatedLocal authority
6 other sections in this Part — procedural and definitional
Part 3

Premises licences

17 of 44 sections shown
s.023 Determination of premises licence application (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must determine alcohol premises licence applicationsLocal authority
s.024 Applicant's duty to notify Licensing Board of convictions (opens in a new tab) Prosecution
  • Fail to notify licensing board of convictionAny Person

Fine up to £500

s.026 Issue of licence and summary (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must issue premises licence and summary upon grantLocal authority
s.033 Transfer on application of licence holder (opens in a new tab) Regulated
  • Apply to transfer a premises licence to a new holderLicence Holder
s.039 Notification of determinations Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must notify you of premises licence review decisionsLocal authority
s.039 Recall of revocation of licence under section 39(2A) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must cancel a licence revocation if a valid application is madeLocal authority
s.040 Connected persons: licence holder's duty to notify changes Prosecution
  • Fail to notify changes to connected personsAny Person

Fine up to £500

s.041 Duty to notify court of premises licence (opens in a new tab) Prosecution
  • Fail to notify court of premises licenceAny Person

Fine up to £500

s.042 Court's duty to notify Licensing Board of convictions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Courts must notify the Licensing Board of premises licence holder convictionsTribunal / Court
s.043 Licence holder's duty to notify Licensing Board of convictions (opens in a new tab) Prosecution
  • Fail to notify Licensing Board of a convictionAny Person

Fine up to £2,500

s.044 Procedure where Licensing Board receives notice of conviction (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must process conviction notices and may review licencesLocal authority
s.048 Notification of change of name or address (opens in a new tab) Prosecution
  • Fail to notify change of name or addressAny Person

Fine up to £500

s.049 Licensing Board's duty to update premises licence (opens in a new tab) Prosecution
  • Fail to produce premises licence when requiredAny Person

Fine up to £500

s.050 Certificates as to planning, building standards and food hygiene (opens in a new tab) Regulated
  • Submit planning, building, and food certificates with licence applicationsAny Person
s.051 Notification of determinations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must notify you of alcohol licence decisions and provide reasonsLocal authority
s.052 Duty to keep, display and produce premises licence (opens in a new tab) Prosecution
  • Fail to keep, display or produce premises licenceAny Person

Fine up to £1,000

s.054 Dismissal, resignation, death etc. of premises manager (opens in a new tab) Regulated
  • Notify Licensing Board within 7 days if your premises manager leavesLicence Holder
27 other sections in this Part — procedural and definitional
s.024 Power to request antisocial behaviour report
s.027 Power of Board to vary premises licence conditions
Part 4

Occasional licences

3 of 6 sections shown
s.057 Notification of application to chief constable and Licensing Standards Officer (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must notify Police and Licensing Standards Officer of applicationsLocal authority
s.059 Determination of application (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must determine occasional licence applicationsLocal authority
s.061 Notification of determinations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must notify parties of occasional licence decisionsLocal authority
3 other sections in this Part — procedural and definitional
Part 5

Licensed hours

3 of 10 sections shown
s.063 Prohibition of sale, consumption and taking away of alcohol outwith licensed hours (opens in a new tab) Prosecution
  • Sell, serve or allow removal of alcohol outside licensed hoursAny Person

Fine up to £1,000

s.069 Notification of extended hours application (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must notify chief constable and standards officer of extended hours applicationsLocal authority
s.070 Determination of extended hours application (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must determine extended hours applications and provide reasonsLocal authority
7 other sections in this Part — procedural and definitional
s.070 Extended hours applications: variation of conditions
Part 6

Personal licences

15 of 26 sections shown
s.073 Notification of application to chief constable (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must notify the police of personal licence applicationsLocal authority
s.073 Notification of application to Licensing Standards Officer Regulated
Other duties (1) — Crown / regulator
  • Licensing Standards Officer must review personal licence applicationsLocal authority
s.075 Applicant's duty to notify Licensing Board of convictions (opens in a new tab) Prosecution
  • Fail to notify licensing board of convictionAny Person

Fine up to £1,000

s.076 Issue of licence (opens in a new tab) Prosecution
  • Fail to surrender or pass off a void personal licenceAny Person

Fine up to £1,000

s.079 Notification of determinations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must notify applicants of personal licence decisionsLocal authority
s.080 Duty to notify court of personal licence (opens in a new tab) Prosecution
  • Fail to notify court of personal licenceAny Person

Fine up to £500

s.081 Court's duty to notify Licensing Board of convictions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Courts and Licensing Boards must share notice of personal licence convictionsLocal authority
s.082 Licence holder's duty to notify Licensing Board of convictions (opens in a new tab) Prosecution
  • Fail to notify licensing board of convictionAny Person

Fine up to £2,500

s.083 Procedure where Licensing Board receives notice of conviction (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must review personal licences following criminal convictionsLocal authority
s.086 Suspension of licence after multiple endorsements (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must hold a hearing after three licence endorsementsLocal authority
s.087 Licence holder's duty to undertake training (opens in a new tab) Regulated
  • Complete refresher training for your personal licence every 5 yearsLicence Holder
s.088 Notification of change of name or address (opens in a new tab) Prosecution
  • Fail to notify licence board of name or address changeAny Person

Fine up to £500

s.089 Licensing Board's duty to update licence (opens in a new tab) Prosecution
  • Fail to produce personal licence on demandAny Person

Fine up to £500

s.092 Theft, loss etc. of personal licence (opens in a new tab) Prosecution
  • Fail to surrender or misuse a void replacement personal licenceAny Person

Fine up to £1,000

s.093 Licence holder's duty to produce licence (opens in a new tab) Prosecution
  • Fail to produce personal licence on demandAny Person

Fine up to £500

11 other sections in this Part — procedural and definitional
s.084 Power of chief constable to report conduct inconsistent with the licensing objectives
s.084 Power of Licensing Standards Officers to report conduct inconsistent with the licensing objectives
Part 7

Control of order

5 of 8 sections shown
s.095 Breach of exclusion order (opens in a new tab) Imprisonment
  • Enter licensed premises in breach of exclusion orderAny Person
s.097 Closure orders (opens in a new tab) Imprisonment
  • Open premises in breach of a closure orderAny Person
s.098 Termination of closure orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Police and Licensing Boards must terminate closure orders when safeStatutory regulator
3 other sections in this Part — procedural and definitional
Part 8

Offences

23 of 23 sections shown
s.102 Sale of alcohol to a child or young person (opens in a new tab) Imprisonment
  • Sell alcohol to a child or young personAny Person

3 months imprisonment · amended 2 times (opens in a new tab)

s.103 Allowing the sale of alcohol to a child or young person (opens in a new tab) Imprisonment
  • Allow sale of alcohol to a child or young personAny Person

3 months imprisonment · amended 2 times (opens in a new tab)

s.104 Sale of liqueur confectionery to a child (opens in a new tab) Prosecution
  • Sell liqueur confectionery to a childAny Person

Fine up to £500 · amended 1 time (opens in a new tab)

s.104 Supply of alcohol to a child Imprisonment
  • Supply alcohol to a childAny Person

3 months imprisonment · amended 1 time

s.104 Supply of alcohol to a young person Imprisonment
  • Supply alcohol to a young personAny Person

3 months imprisonment · amended 1 time

s.106 Consumption of alcohol by a child or young person (opens in a new tab) Imprisonment
  • Allow a child or young person to consume alcohol on premisesAny Person

3 months imprisonment · amended 2 times (opens in a new tab)

s.107 Unsupervised sale of alcohol by a child or young person (opens in a new tab) Prosecution
  • Allow child or young person to sell alcohol unsupervisedAny Person

Fine up to £200 · amended 2 times (opens in a new tab)

s.108 Delivery of alcohol by or to a child or young person (opens in a new tab) Prosecution
  • Allow a child to deliver or receive alcoholAny Person

Fine up to £1,000 · amended 2 times (opens in a new tab)

s.109 Sending a child or young person to obtain alcohol (opens in a new tab) Imprisonment
  • Send a child or young person to obtain alcoholAny Person

3 months imprisonment · amended 1 time (opens in a new tab)

s.110 Duty to display notice (opens in a new tab) Prosecution
  • Fail to display required age‑restriction noticeAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.111 Drunk persons entering or in premises on which alcohol is sold (opens in a new tab) Prosecution
  • Drunk person entering or remaining on licensed premisesAny Person

Fine up to £200 · amended 1 time (opens in a new tab)

s.112 Obtaining of alcohol by or for a drunk person (opens in a new tab) Prosecution
  • Obtain or provide alcohol to a drunk personAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.113 Sale of alcohol to a drunk person (opens in a new tab) Prosecution
  • Sell alcohol to a drunk personAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.114 Premises manager, staff etc. not to be drunk (opens in a new tab) Prosecution
  • Premises manager or staff drunk on licensed premisesAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.115 Disorderly conduct (opens in a new tab) Imprisonment
  • Allow disorderly conduct or drunkenness on premisesAny Person

60 days imprisonment · amended 1 time (opens in a new tab)

s.116 Refusal to leave premises (opens in a new tab) Prosecution
  • Refusal to leave licensed premisesAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.117 Offences relating to sale of alcohol to trade (opens in a new tab) Prosecution
  • Sell alcohol to trade from unlicensed premisesAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.118 Prohibition of unauthorised sale of alcohol on moving vehicles (opens in a new tab) Imprisonment
  • Sell alcohol from a moving vehicle without a licenceAny Person

3 months imprisonment · amended 2 times (opens in a new tab)

s.119 Delivery of alcohol from vehicles etc. (opens in a new tab) Prosecution
  • Deliver alcohol without proper delivery recordsAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.120 Prohibition of late-night deliveries of alcohol (opens in a new tab) Prosecution
  • Deliver or allow late-night alcohol deliveriesAny Person

Fine up to £1,000 · amended 3 times (opens in a new tab)

s.121 Keeping of smuggled goods (opens in a new tab) Prosecution
  • Keep smuggled goods on licensed premisesAny Person

Fine up to £1,000 · amended 2 times (opens in a new tab)

Part 9

Miscellaneous and general

30 of 32 sections shown
s.127 Power to prohibit sale of alcohol on trains (opens in a new tab) Imprisonment
  • Sell or allow sale of alcohol contrary to a prohibition orderAny Person

3 months imprisonment · amended 2 times (opens in a new tab)

s.128 Power to prohibit sale of alcohol on ferries (opens in a new tab) Imprisonment
  • Sell alcohol on ferry in breach of prohibition orderAny Person

3 months imprisonment · amended 2 times (opens in a new tab)

s.133 How hearings may be held Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must consider participant views on hearing formatLocal authority

amended 1 time

s.134 Offence of knowingly making a false statement in an application Prosecution
  • Make false statement in licensing applicationAny Person

Fine up to £1,000 · amended 5 times

s.137 Inspection of premises before grant of licence etc. (opens in a new tab) Prosecution
  • Obstruct an inspection before a licence is grantedAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.138 Police powers of entry (opens in a new tab) Prosecution
  • Obstruct a constable exercising entry powersAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.141 Offences by bodies corporate etc. (opens in a new tab) Prosecution
  • Be liable for a corporation's licensing offence (consent/neglect)Director or Officer

Unlimited fine · amended 1 time (opens in a new tab)

s.141 Defence of due diligence for certain offences

amended 1 time

s.141 Vicarious liability of premises licence holders and interested parties Regulated
  • Be held liable for employees' licensing offencesAny Person

amended 1 time

2 other sections in this Part — procedural and definitional
Schedules

Schedules

13 of 65 shown
s.sch001 Licensing Boards (opens in a new tab) Prosecution
  • Unlawfully acting as a Licensing Board member while disqualifiedAny Person

Unlimited fine

s.sch001 (1) Each member of a Licensing Board must, no later... Regulated
Other duties (1) — Crown / regulator
  • Licensing Board members must provide training evidence every 3 monthsLocal authority
s.sch001 (A1) A Licensing Board may determine that a meeting is... Regulated
Other duties (1) — Crown / regulator
  • Licensing Board must hold meetings in public and consider views on meeting formatLocal authority
s.sch002 A council must provide each Forum established by them, or... Regulated
Other duties (1) — Crown / regulator
  • Council must provide staff, property and services to each ForumLocal authority
s.sch003 (1) The condition specified in this paragraph applies only in... Regulated
  • Display age-restriction sign at alcohol-on-premises venuesOccupier
s.sch003 Any other activity to be carried on in the premises... Regulated
  • Run all non-alcohol activities in line with your premises licence operating planLicence Holder
s.sch003 (1) No person (other than a person who holds a... Regulated
  • Ensure staff selling or serving alcohol are trained and keep training recordsLicence Holder
s.sch003 (1) Alcohol must not be sold on the premises at... Regulated
  • Do not sell alcohol below its minimum priceAny Person
s.sch003 (1) An irresponsible drinks promotion must not be carried on... Regulated
  • Do not run irresponsible alcohol promotions on your premisesAny Person
s.sch003 (1) The conditions specified in this paragraph apply only to... Regulated
  • Provide free tap water and sell non-alcoholic drinks at reasonable pricesLicence Holder
s.sch004 (1) The condition specified in sub-paragraph (2) applies only to... Regulated
  • Ensure every sale of alcohol is authorised by a personal licence holderLicence Holder
s.sch004 (1) Alcohol must not be sold on the premises at... Regulated
  • Do not sell alcohol below minimum priceLicence Holder
s.sch004 (1) An irresponsible drinks promotion must not be carried on... Regulated
  • Do not run irresponsible drinks promotionsOccupier
52 other schedules
s.sch001 (1) A Licensing Board is to consist of such number...
s.sch001 (1) A Licensing Board may authorise (whether generally or specifically)—...
s.sch001 The proceedings of a Licensing Board are not affected by—...
s.sch001 (1) Until the end of the day of the first...
s.sch001 (1) Each council must, at their first meeting after each...
s.sch001 (1) A councillor is disqualified from election as, and from...
s.sch001 (1) A member of a Licensing Board—
s.sch001 The relevant council may remove a member from office if...
s.sch001 (1) A Licensing Board must, at their first meeting after...
s.sch001 (1) The convener of a Licensing Board may be removed...
s.sch001 (1) In relation to each Licensing Board, the relevant council...
s.sch001 A Licensing Board may establish committees for or in connection...
s.sch002 In this schedule, “Forum” means a Local Licensing Forum established...
s.sch002 (1) A Forum is to consist of such number (being...
s.sch002 (1) At their first meeting in each calendar year, a...
s.sch002 (1) Each Forum must, in each calendar year, hold at...
s.sch003 In this schedule, “the premises” means, in relation to any...
s.sch003 (1) The condition specified in sub-paragraph (2) applies only in...
s.sch003 (1) The condition specified in this paragraph applies only in...
s.sch003 (1) Subject to sub-paragraph (3), alcohol which is for sale...
s.sch003 (1) Alcohol is to be sold on the premises only...
s.sch003 (1) Alcohol is not to be sold on the premises...
s.sch003 Every sale of alcohol made on the premises must be...
s.sch003 (1) A package containing two or more alcoholic products (whether...
s.sch003 Where the price at which any alcohol sold on the...
s.sch003 Where the price at which any alcohol sold on the...
s.sch003 (1) There must be an age verification policy in relation...
s.sch004 In this schedule, “the premises” means, in relation to any...
s.sch004 (1) Alcohol may be sold on the premises only in...
s.sch004 Any other activity to be carried on in the premises...
s.sch004 (1) The condition specified in sub-paragraph (2) applies only to...
s.sch004 (1) A package containing two or more alcoholic products (whether...
s.sch004 Where the price at which any alcohol sold on the...
s.sch004 Where the price at which any alcohol sold on the...
s.sch004 (1) The conditions specified in this paragraph apply only to...
s.sch004 (1) There must be an age verification policy in relation...
s.sch006 In section 37(2)(b)(ii) (restriction on persons under 16 taking part...
s.sch006 In paragraph 23 of Part 3 of schedule 1 (local...
s.sch006 In section 78(1) (interpretation) of the Countryside (Scotland) Act 1967,...
s.sch006 (1) The New Towns (Scotland) Act 1968 is amended as...
s.sch006 In section 50(1)(b) (power to require supply by meter to...
s.sch006 In section 146 (disposal of land by urban development corporation)...
s.sch006 (1) The Civic Government (Scotland) Act 1982 is amended as...
s.sch006 (1) The Criminal Law (Consolidation) (Scotland) Act 1995 is amended...
s.sch006 (1) Section 61 (confiscation of alcohol from persons under 18)...
s.sch006 In paragraph 10 of Part 1 of schedule 2 (authorities...

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