What this covers
Why you need it
The Scottish Parliament created it. The power to require it comes from Licensing (Scotland) Act 2005.
What the Act carries
What our graph holds for Licensing (Scotland) Act 2005 as a whole — the Act behind this licence, not the licence conditions themselves.
- Duties on businesses
- 63
- Penalties
- 50
- Exemptions
- 12
Duties on businesses under the Act
- Sell alcohol without a licence s.1
- Attempt to influence licensing board members s.8
- Obstruct officer or refuse to comply with inspection s.15
- Fail to notify licensing board of conviction s.24
- Apply to transfer a premises licence to a new holder s.33
- Fail to notify changes to connected persons s.40A
… and 57 more business duties in the same Act.
What happens if you get it wrong
- Allow a child or young person to consume alcohol on premises 3 months imprisonment
- Allow sale of alcohol to a child or young person 3 months imprisonment
- Sell alcohol to a child or young person 3 months imprisonment
- Send a child or young person to obtain alcohol 3 months imprisonment
- Supply alcohol to a child 3 months imprisonment
… and 45 more penalties in the same Act.
Exemptions that may take you outside it
- 24-hour alcohol sales permitted only in exceptional circumstances — The Licensing Board is satisfied that there are exceptional circumstances justifying the sale of alcohol for a continuous period of …
- Certain alcohol sales exempt from age verification policy requirement — Sales of alcohol that are treated as taking place on the premises merely by virtue of section 139
- Certain deemed on-premises sales exempt from age verification policy — The sale of alcohol is considered to take place on the premises solely because of section 139 of the Licensing …
- Exception to the one-year ban on re-applying for a licence variation — The Licensing Board directed the ban would not apply, or there has been a material change of circumstances
- Exception to the one-year ban on reapplying for a premises licence — The Licensing Board directed the ban would not apply, or there has been a material change of circumstances.
… and 7 more exemptions in the same Act.
Read our full dossier on Licensing (Scotland) Act 2005
Who issues it
Your local council issues this. Councils apply the same statute but set their own fees, conditions and timescales.
Where to apply
Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.