Alcohol Legislation
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The Licensing (Scotland) Act 2005 ("the 2005 Act") is the primary legislation that governs the sale of alcohol in Scotland.
The 2005 Act is a complex piece of legislation that is supported by numerous regulations and order.
The 2005 Act has also been amended by two further pieces of primary legislation.
The Criminal Justice and Licensing (Scotland) Act 2010 which amends or introduces numerous provisions intended to improve the administration of the 2005 Act.
The Alcohol (Scotland) Act 2010 which introduces provisions such as 'Challenge 25' intended to reduce alcohol related harm and misuse.
Key Regulations and Orders supporting the 2005 Act
Reference | Title | Summary |
|---|---|---|
The Licensing Register (Scotland) Regulations 2007 | Licensing Board are required to keep a register containing information relating to the licences issued by the Board. These Regulations make provision as to the form of the licensing register, the detailed information to be held on it and the periods for which information is to remain on the register. | |
The Licence Transfer (Prescribed Persons) (Scotland) Regulations 2007 | Section 34 of the 2005 Act provides that a person of a prescribed description (not being the licence holder) may make application to the relevant Licensing Board for transfer of a premises licence within 28 days of the occurrence of certain events specified in section 34. These regulations provide the prescribed description of person that can make such an application for transfer. | |
The Licensing (Closure Orders) (Scotland) Regulations 2007 | Sections 97 to 101 of the 2005 Act make provision as to the circumstances in which closure orders may be made in respect of licensed premises in consequence of actual or likely disorder or in the interests of public safety. These regulations set out the forms to be used when applying for or making such orders. | |
The Licensing (Clubs) (Scotland) Regulations 2007 | Section 125(2) of the 2005 Act lists provisions of the Act which do not apply in relation to premises which are used wholly or mainly for the purposes of any club of a prescribed description. These regulations prescribes a description of club for the purposes of section 125(2) and provide further modifications to the Act so far as it relates to occasional licences and selling alcohol to trade. | |
The Personal Licence (Scotland) Regulations 2007 | Section 76 of the 2005 Act provides for the issuing of personal licences. These regulations set out the form of a personal licence and the form of applications for the grant and renewal of such a licence. | |
The Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007 | Sections 102 and 108 of the 205 Act create criminal offences in connection with the sale of alcohol to a person under 18 and the delivery of alcohol by or to such a person. These regulations prescribe the size and form of the notice to be displayed on licensed premises so as to provide statements as to offences in connection with the purchase of alcohol by, or the sale of alcohol to, a person under 18. | |
The Licensing (Training) (Scotland) Regulations 2007 | Section 16 of the 2005 Act requires Licensing Standards Officers comply with such requirements as to training as may be prescribed; these regulations prescribes the relevant training requirement. The regulations also prescribe the relevant training requirements for members of the Licensing Board. | |
The Occasional Licence (Scotland) Regulations 2007 | These regulations make provision as to the form of an occasional licence issued under part 4 of the 2005 Act and the application form for such a licence. | |
The Licensing (Designated Airports) (Scotland) Order 2007 | Section 124(1)(a) of the 2005 Act specifies as exempt premises an examination station at an airport designated by order. This order lists airports designated for the purposes of section 124. | |
The Licensing Qualification (Scotland) Regulations 2007 | Section 91 of the 2005 Act provides that the phrase "licensing qualification" is to have the meaning prescribed by regulations; these regulations prescribes the relevant meaning. | |
The Licensing (Miscellaneous Amendments) (Scotland) Regulations 2007 | Makes minor amendments to 3 sets of regulations [The Licensing (Closure Orders) (Scotland) Regulations 2007, The Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007 and The Licensing Qualification (Scotland) Regulations 2007] | |
The Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007 | These Regulations specify conditions which must be imposed by a Licensing Board on the granting of a premises licence where the operating plan specifies that the premises will be open after 1am. | |
The Licensing (Training of Staff) (Scotland) Regulations 2007 | In terms of Schedule 3 to the 2005 Act, no person (other than a personal licence holder) is to sell or serve alcohol on licensed premises unless that person has complied with any training requirements prescribed by regulations. These regulations provide that any person working in such a capacity must have received at least 2 hours' training from a personal licence holder or a person holding a qualification mentioned in the regulations. | |
The Premises Licence (Scotland) Regulations 2007 | These Regulations make provision for the form of a premises licence, summary premises licence and the application form for the licence. The regulations also make provision for the layout plan and operating plan that requires to accompany the application. | |
The Licensing (Procedure) (Scotland) Regulations 2007 | These Regulations make provision as to various procedural matters under the 2005 Act and are principally concerned with setting out procedures and timescales in connection with the processing of applications for premises licences, occasional licences and personal licences and with handling applications for variation of a premises licence. | |
The Licensing (Mandatory Conditions) (Scotland) Regulations 2007 | Schedule 3 of the 2005 Act lists mandatory conditions which must be imposed by a Licensing Board on the granting of a premises licence. These Regulations amend that schedule by adding two further mandatory conditions relating to notices on the admission of under-18s, and the provision of baby changing facilities. | |
The Licensing (Relevant Offences) (Scotland) Regulations 2007 | Section 129(1) of the 2005 Act provides power to prescribe by regulations what offences are to count as a "relevant offence"; these Regulations specify those offences which are to be relevant offences. | |
The Licensing (Vessels etc.) (Scotland) Regulations 2007 | Section 126(10) of the 2005 Act provides power to modify the operation the Act in the case of vessels, vehicles and other moveable structures from which alcohol is sold. These Regulations allows the sale of alcohol on vessels without a licence in certain circumstances and allows the same person to be the premises manager of more than one licensed vessel. | |
The Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007 | Schedule 3 of the 2005 Act lists mandatory conditions which must be imposed by a Licensing Board on the granting of a premises licence. These Regulations insert a new paragraph 13 into that schedule which imposes restrictions on the areas within premises in which alcohol for consumption off the premises may be displayed The regulations also amends paragraph 6 of the schedule so as to require a training record in respect of a relevant staff member to be kept on the premises whilst that person is working there. | |
The Licensing (Fees) (Scotland) Regulations 2007 | These regulations make provision as to fees payable to Licensing Boards under the 2005 Act. Provision is made for some fees to be determined by the Boards, subject to specified upper limits in certain cases and to the general rule on cost recovery. Other fees are of set amounts specified in the regulations. | |
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Licensing (Scotland) Act 2005) 2008 | This Act of Sederunt inserts a new Part XXXIV into the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 which sets out the procedure for appeals under section 131 of the Licensing (Scotland) Act 2005. | |
The Licensing (Mandatory Conditions) (Scotland) Regulations 2009 | These regulations amend paragraph 13 of schedule 3 to the 2005 Act to imposes restrictions on the areas within premises in which alcohol for consumption off the premises may be displayed. |
Postal Address
City of Glasgow Licensing Board
Licensing Section
City Chambers
Glasgow
G2 1DU
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